Mental health issues in identity theft
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Mental Health Issues in Identity Theft. Identity Theft. Module 1 – Identity Theft 101. Learning Objectives for Module 1. Define identity theft. Describe ways personal information is acquired and used by identity thieves.

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Mental Health Issues in Identity Theft

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Mental health issues in identity theft

Mental Health Issues in Identity Theft


Identity theft

Identity Theft

Module 1 – Identity Theft 101


Learning objectives for module 1

Learning Objectives for Module 1

  • Define identity theft.

  • Describe ways personal information is acquired and used by identity thieves.

  • Describe steps for victims to take to recover their identity and repair their credit.

  • Identify resources available to victims.


Mental health issues in identity theft

This was produced by the Texas Identity Theft Coalition, Texas Legal Services Center, and Trauma Support Services of North Texas under Sub-award funding from the Maryland Crime Victims Resource Center, Inc. (MCVRC) under Cooperative Agreement No. 2010-VF-GX-K014, awarded by the Office for Victims of Crime, office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed herein are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice or of the MCVRC.


True or false

True or False

  • Data breach is a form of ID theft.

  • Brownsville, Texas is a national ID theft hotspot.

  • An estimated 5 million Americans were victimized by identity thieves in 2009.

  • A felon can exit prison with a clean criminal history.

  • More ID theft happens by computer hacking than through old fashioned stealing or dumpster diving.


Mental health issues in identity theft

What is Identity Theft?

The theft or misuse of personal identifying information in order to gain something of value or facilitate other criminal activity.


Texas definition

Texas Definition

Texas Penal Code § 32.51:

to obtain, possess, transfer, or use a person’s “identifying information” or “telecommunication access device” with the intent to harm the person.


What information is stolen

What information is stolen:

Personal information that can be used to commit identity theft includes:

Name

Social Security Number

Address

Date of Birth

Telephone number

Biometric data

Financial account numbers or access cards

Passwords, Mother’s maiden name, Father’s middle name, answers to “challenge” questions


How is information stolen

How is information stolen?

Low Tech

High Tech

Skimming

War driving

Computer hacking

Data breach

Scams/fraud

  • Trash diving

  • Lost/stolen wallet/purse

  • Mail theft

  • Burglary


What thieves do with pii

What Thieves Do with PII

Existing Accounts

  • Bank

  • Credit Card

  • Utility

    New Accounts

  • Bank

  • Credit Card

  • Utility

  • Loans

Non-Financial

  • Medical

  • Employment

  • Criminal

  • Government benefits


Identity theft and other crimes

Identity Theft and Other Crimes

  • Domestic Violence

  • Sexual assault, assault, burglary, robbery

  • Homicide

  • Terrorism

  • Drug Trafficking


Victim experiences

Denial of credit

Loss of credit rating

Harassment by bill collectors

Loss/denial of employment

Lawsuit

Arrest

IRS problems

Garnishment

Denial of drivers license renewal

Denial of public benefits

Denial of medical care

Victim Experiences


Assisting victims

Assisting victims


Tlsc s victim toolkit

TLSC’s Victim Toolkit

Download free from www.idvictim.org


Mental health issues in identity theft

IMMEDIATE CONCERNS

  • Stop impostor activity

  • Report the crime

  • Repair the damage


Preparation

Preparation

  • Toolkit pages 1-4

  • Victims feel like they are treated as criminals because they are constantly asked to identify themselves and repeat the facts of the theft.

  • Victims are less frustrated when they understand what will be required.

  • Victims are more successful when they have written down important facts so that they can recite them quickly and accurately.

  • Encourage victims to write down

    the time spent – in case they can

    request restitution later.


Stopping the bleeding

Stopping the Bleeding

  • Call businesses and report the fraud;

  • Renumber or close existing accounts;

  • If a bank account is compromised, ask bank to put the account in the CANS;

  • Replace credit cards

  • Get a fraud alert


Fraud alerts

Fraud Alerts

  • Initial: 90-day, renewable, one free credit report

  • Extended: 7-year, need ID Theft Report, two free credit reports

  • Set fraud alert by contacting only one of the three CRAs

    • Equifax 800-525-6285

    • Experian 888-397-3742

    • TransUnion 800-680-7289

  • Must provide personal information to match file

  • Beware of diversion to “free annual report” or other commercial services during call


Fraud alert vs credit freeze

One call

Less effective

90 day

7 years (police rpt.)

Write each bureau

No new credit

More effective

No expiration

Fee w/o police rpt.

Fraud Alert vs. Credit Freeze


Helpful intake questions

Helpful Intake Questions:

  • How did you find out your identity was stolen? (Example: I was turned down for a car loan.)

  • When did you find out your identity was stolen?

  • What was taken or misused and in what amounts?

  • Were new accounts opened?

  • Do you have written proof? (Example: letter from a debt collector)


How to get a free credit report

How to Get a Free Credit Report

www.annualcreditreport.com


Reporting id theft

Reporting ID Theft

  • Federal Trade Commission (www.ftc.gov)

  • Local police or sheriff

  • Usually NOT FBI, but instead . . .

  • Secret Service

  • U.S. Postal Inspectors

  • IC3


Crucial document the identity theft report

Crucial Document: The Identity Theft Report

What is it?

A law enforcement report that shows that the crime was reported and that contains enough information about the crime that CRAs and businesses can substantiate the ID theft.

How to get one

In Texas, you won’t. The public portion of our police reports does not contain enough information to serve as an IDT Report under the FCRA.

So, what’s a consumer to do?

Make a report to the FTC on the website. Print it, sign it in front of witnesses or a notary. This becomes an identity theft affidavit. Attach it to the police report.


Clearing accounts

Clearing Accounts

Two step process:

  • Credit reporting agencies aka credit bureaus

  • Businesses that gave credit, services, or goods to the identity thief

BIGGEST CONSUMER MISTAKE: Failing to follow-up in writing!


Credit reporting agencies

Credit Reporting Agencies

FCRA gives consumers rights to:

  • Block fraudulent info from credit report and

  • Have credit reporting agencies notify creditors of the fraud

    MUST BE IN WRITING and attach:

  • Copy of identity theft report or

  • Copy of police report or proof of report and ID theft affidavit

  • Copy of government issued ID (drivers license, etc.)

    Sample letters available at www.idvictim.orgor www.idtheft.gov/probono


Businesses

Businesses

FCRA gives consumers the right to get a copy of fraudulent account records and prevents creditors from placing a disputed account with a debt collector.

MUST BE IN WRITING and attach:

  • Copy of identity theft report or

  • Copy of police report or proof of report and identity theft affidavit and

  • Copy of government issued ID (drivers license, etc.)

    Sample letters available at www.idvictim.orgor www.idtheft.gov/probono.


Tips for victims

Tips for Victims

  • If it’s not in writing, it doesn’t count – get confirmation!

  • Send everything certified mail, return receipt requested; by fax; by email with scanned attachments; or other method where you can proof it was received.

  • Be ready to repeat ... and repeat ... and repeat!

  • Businesses have a financial incentive to give victims the runaround. Be precise. Include the attachments. Be tenacious. Be persistent. If all fails, report the business to the FTC, www.ftc.gov.


Mental health issues in identity theft

Non-Financial ID Theft


Medical id theft how to assist victims

Medical ID Theft:How to Assist Victims

Report to local law enforcement, get a copy

Victim requests medical records from own doctor

Request victim’s medical records from providers that gave care to the thief. Important: Do not mention identity theft at this point.

Write providers who gave care to the thief requesting correction or segregation and flagging of records. Attach: police report, victim’s ID, relevant portions of genuine records.

Confirm in writing that records have been corrected and review corrections.


Employment id theft how to assist victims

Employment ID Theft:How to Assist Victims

Get a copy of victim’s earnings record from SSA

Mark items that are not the victim’s, provide supporting documentation, request corrected statement

Provide corrected earnings statement and supporting documents to IRS

Request that victim’s SSN be flagged

IRS Identity Protection Specialized Unit:

1-800-908-4490


Criminal id theft how to assist victims

Criminal ID Theft:How to Assist Victims

Texas Stolen Identity File:

Local sheriff takes photo and fingerprints

Verifies that victim is not the criminal

Submits to DPS

Victim receives confirmation letter and password

If crime is in another state, contact law enforcement there, provide proof of victim’s identity and alibi information, request letter of clearance.

Provide letter of clearance to relevant businesses, agencies, and data brokers.


Application to be declared a victim of id theft

Application to be Declared a Victim of ID Theft

Bus. & Comm. Code Sec. 521.101-521.105

  • ID theft victims may apply to District Court to be declared a victim of ID theft;

  • Even if doesn’t know identity of thief;

  • Burden of proof is preponderance of evidence;

  • Order must be sealed;

  • Order may be vacated if obtained fraudulently.


When the thief is caught

WHEN THE THIEF IS CAUGHT

  • Less than 1% of cases

  • No right to CVC in most states; although, not prohibited by federal law

  • Some locales argue that Crime Victims’ Bill of Rights does not apply to ID theft victims (not a violent crime)

  • Victim should provide a written VIS

  • If victim desires, should be permitted a chance to speak at sentencing


Friendly contact keeps victims on track

Friendly Contact Keeps Victims On Track!

  • Follow-up phone calls

  • Friendly reminders

  • Look for signs that victim needs:

    • Medical attention

    • Attorney or

    • Extra help

  • Make referrals


Minimizing re victimization

MINIMIZING RE-VICTIMIZATION

  • Shred!

  • Watch the mailbox;

  • Surf safely;

  • Don’t carry it if you don’t need it;

  • Never give out personal information if you did not initiate the transaction.


How to monitor credit for free

How to Monitor Credit for Free

  • FCRA gives consumers one free credit report per year from each of the three bureaus.


Resources

Resources

  • Federal Trade Commission, www.ftc.gov/idtheft, 1-877-ID-THEFT; http://bulkorder.ftc.gov to order consumer education materials; pro bono guide, www.idtheft.gov/probono

  • Texas Legal Services Center’s VICARS

    1-888-343-4414, www.idvictim.org

  • Identity Theft Resource Center (national), 1-858-693-7935, www.idtheftcenter.org

  • Maryland Crime Victims Resource Center (statewide victim assistance in Maryland, representation of victims in federal court nationally through referrals), 1-877-VICTIMS-1; www.mdcrimevictims.org

  • Identity Theft Victim Assistance Online Training through OVC-TTAC, https://www.ovcttac.gov/identitytheft/


Additional resources

Additional Resources

Expanding Services to Reach Victims of Identity Theft and Financial Fraud, an e-publication of the OJP, http://www.ojp.usdoj.gov/ovc/pubs/ID_theft/pfv.html

Department of Justice, Office for Victims of Crime, searchable database of victim service providers, http://ovc.ncjrs.gov/findvictimservices/

IRS Identity Protection Specialized Unit,

1-800-908-4490


Additional resources1

Additional Resources

  • Texas Attorney General’s consumer scam page, www.oag.state.tx.us/consumer/scams.shtml

  • Snopes, www.snopes.com/fraud/topscams.asp

  • IC3 scams page, www.ic3.gov/crimeschemes.aspx

  • Safe surfing tips, http://onguardonline.gov/; http://www.cyber-safety.com/


Author s contact information

Author’s Contact Information

Paula Pierce

Manager of Hotline Programs, Texas Legal Services Center

815 Brazos, Suite 1100

Austin, TX 78701

Phone: 888-343-4414

Email: [email protected]


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